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ENGROSSED HOUSE
BILL NO. 2939 By: Olsen of the House
and
McIntosh of the Senate
An Act relating to elections; amending 26 O.S. 2021,
Section 7-129.2, 26 O.S. 2021, Sections 14-105, as
amended by Section 1, Chapter 292, O.S.L. 2022, 14-
110.1, as amended by Section 2, Chapter 292, O.S.L.
2022, 14-118, as amended by Section 3, Chapter 317,
O.S.L. 2025 (26 O.S. Supp. 2025, Sections 14-105, 14-
110.1, and 14-118), 26 O.S. 2021, Section 14-144, 26
O.S. 2021, Section 14-151, which relate to use of
facsimile devices in absentee voting; repealing use
of facsimile devices in absentee voting processes;
repealing 26 O.S. 2021, Section 14-118.1, which
relates to transmittal of ballot by facsimile device;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 7-129.2, is
amended to read as follows:
Section 7-129.2. A. In the event an absentee ballot is
mutilated, defaced or damaged in a manner that it cannot be read by
the voting device and thus not counted during the counting process,
then two members of the county election board of different political
party affiliations or two members of an absentee voting board under
the supervision of the county election board shall be authorized to
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mark a substitute ballot in identical fashion, insofar as is
possible. Once so marked, the substitute ballot shall be entered
for counting into the voting device. A written record of such
action shall be made by the two county election board members.
B. In the event of an absentee ballot that was delivered
electronically to a voter as described in Section 14-118 of this
title, or an absentee ballot that was received from a voter by
facsimile device as described by Section 14-118.1 of this title, and
the ballot cannot be read by the voting device, then two members of
the county election board of different political party affiliations
or two members of an absentee voting board under the supervision of
the county election board shall be authorized to mark a substitute
ballot in identical fashion, insofar as is possible. Once so
marked, the substitute ballot shall be entered for counting into the
voting device. A written record of such action shall be made by the
two county election board members.
C. In the event there is a disagreement about how a substitute
ballot should be marked for any race, the matter shall be brought
immediately before the full county election board, which shall vote
to decide how to mark the ballot.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 14-105, as
amended by Section 1, Chapter 292, O.S.L. 2022 (26 O.S. Supp. 2025,
Section 14-105), is amended to read as follows:
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Section 14-105. A. Any registered voter may apply for an
absentee ballot in person at the county election board, by United
States mail, by facsimile device as defined in Section 1862 of Title
21 of the Oklahoma Statutes or by a means of electronic
communication designated by the Secretary of the State Election
Board. The Secretary of the State Election Board shall prescribe a
form to be used for the application, although any application
setting forth substantially the same facts shall be valid.
B. 1. A registered voter applying for an absentee ballot by
means of electronic communication shall provide his or her name,
birth date, an identification number, and other information as may
be prescribed by the Secretary of the State Election Board. The
name, birth date, and identification number provided on the
application must match the name, birth date, and identification
number in the voter registration record in order to apply for an
absentee ballot pursuant to this subsection.
2. If the voter does not recall which identification number he
or she included in the voter registration record, the voter may
provide multiple identification numbers, at least one of which must
match the identification number in the voter registration record if
such record included an identification number. If the name, birth
date, or any identification number provided does not match the voter
registration record, the voter shall be informed of the failure to
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match the voter registration record and shall be provided
information and instruction to contact the county election board.
3. If the voter registration record on file with the county
election board does not contain a birth date or identification
number, the voter shall not be eligible to apply for an absentee
ballot by means of electronic communication but may apply for an
absentee ballot pursuant to subsection C of this section.
4. Identifying information such as birth date and
identification number shall not be modified online in an existing
voter registration except as provided in Section 4-109.4 of this
title.
5. No later than January 1, 2023, a registered voter applying
for an absentee ballot pursuant to this subsection who meets the
criteria provided in Section 7-115.1 of this title shall be required
to confirm his or her address prior to submitting an application for
absentee ballot by means of electronic communication.
C. 1. A registered voter applying for an absentee ballot in
person, or by United States mail, or by facsimile device shall
provide his or her name, birth date, an identification number, and
other information as may be prescribed by the Secretary of the State
Election Board. The name, birth date, and identification number
provided on the application must match the name, birth date, and
identification number in the voter registration record.
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2. If the voter does not recall which identification number he
or she included in the voter registration record, the voter may
provide multiple identification numbers, at least one of which must
match the identification number in the voter registration record if
such record included an identification number. If the voter
registration record does not contain a birth date or an
identification number, the absentee ballot application shall be
accepted without a match of a birth date or an identification
number.
D. For purposes of this section, "identification number" means
a number submitted on the registration application pursuant to
paragraph 3 of subsection A of Section 4-112 of this title.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 14-110.1, as
amended by Section 2, Chapter 292, O.S.L. 2022 (26 O.S. Supp. 2025,
Section 14-110.1), is amended to read as follows:
Section 14-110.1. A registered voter who swears or affirms that
the voter is physically unable to vote in person at the precinct on
the day of the election because the voter is:
1. Physically incapacitated; or
2. Charged with the care of another person who is physically
incapacitated and who cannot be left unattended;
may apply for an absentee ballot. Such applications may be made by
United States mail, by facsimile device as defined by Section 1862
of Title 21 of the Oklahoma Statutes or by a means of electronic
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communication designated by the Secretary of the State Election
Board or may be made in person at the office of the county election
board by an agent of the voter. Such an agent shall be a person of
the voter's choosing who is at least sixteen (16) years of age and
who is not employed by or related within the third degree of
consanguinity or affinity to any person whose name appears on the
ballot. No person may be the agent for more than one voter at any
election. The Secretary of the State Election Board shall prescribe
a form to be used for the application, although any application
setting forth substantially the same facts shall be valid.
Requirements for matching of name, birth date, and identification
number established pursuant to Section 14-105 of this title shall
apply to applications for absentee ballots under this section.
SECTION 4. AMENDATORY 26 O.S. 2021, Section 14-118, as
amended by Section 3, Chapter 317, O.S.L. 2025 (26 O.S. Supp. 2025,
Section 14-118), is amended to read as follows:
Section 14-118. A. 1. When an application for an absentee
ballot from a uniformed-service voter or an overseas voter pursuant
to Section 14-142 of this title is received by the secretary of a
county election board, it shall be the duty of the secretary to
transmit by United States mail, by facsimile device as defined in
Section 1862 of Title 21 of the Oklahoma Statutes, or as provided in
subsection B of this section the ballots which the elector has
requested and is entitled to receive.
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2. When an application for an absentee ballot is received at
least forty-five (45) days before a regular election involving state
offices or a regular or special election involving federal offices,
the absentee ballot shall be transmitted by mail, by electronic
mail, or by other means of electronic communication, as provided in
this section, or by facsimile device as provided in Section 14-118.1
of this title, not less than forty-five (45) days preceding the
election.
3. When an application for an absentee ballot for a regular
election involving state offices or a regular or special election
involving federal offices is received less than forty-five (45) days
preceding the election, the absentee ballot shall be transmitted by
mail, by electronic mail, or by other means of electronic
communication, as provided in this section, or by facsimile device
as provided in Section 14-118.1 of this title, within forty-eight
(48) hours of receipt of the application.
4. When an application for an absentee ballot is received for a
special election involving state offices, the absentee ballot shall
be transmitted by mail, by electronic mail, or by other means of
electronic communication, as provided in this section, or by
facsimile device as provided in Section 14-118.1 of this title, as
soon as practicable preceding the date of the election.
B. The secretary of the county election board may transmit
balloting materials for any state or federal election, or for any
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other election as designated by the Secretary of the State Election
Board as provided in subsection D of this section, by electronic
mail or by other means of electronic communication in a form and
manner prescribed by the Secretary of the State Election Board, if
the voter:
1. Is a Federal Post Card Application registrant and is
eligible to receive an absentee ballot as provided by law;
2. Provides an electronic mail address; and
3. Requests that balloting materials be sent by electronic
mail.
If the secretary of the county election board transmits a ballot
to a voter by electronic mail or by other means of electronic
communication as provided in this subsection, the secretary shall
amend the voter's federal postcard application for future elections
to include the voter's electronic mail address.
C. An electronic mail address provided under this section is
confidential and does not constitute public information for purposes
of the Oklahoma Open Records Act. The secretary of the county
election board shall ensure that an electronic mail address provided
under this section is excluded from disclosure.
D. The Secretary of the State Election Board shall determine if
balloting materials for any election other than a state or federal
election may be produced in a form which would allow them to be
transmitted by electronic mail or by other means of electronic
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communication. If so, the Secretary shall so designate them. If
such designation is not made, the balloting materials may be
transmitted to the voter as provided in subsection A of this
section.
E. All other provisions of this title that would normally apply
to a ballot voted under this title apply to a ballot provided
pursuant to the provisions of subsection B of this section.
F. The Secretary of the State Election Board may suspend the
provisions of subsection B of this section if the Secretary
determines that electronic transmission of balloting materials is
not in the best interest of the people of this state due to a
potential problem with the security of the balloting materials.
SECTION 5. AMENDATORY 26 O.S. 2021, Section 14-144, is
amended to read as follows:
Section 14-144. A. For an election described in paragraph 1 or
2 of Section 3 of this act for which this state has not received a
waiver pursuant to Section 579 of the Military and Overseas Voter
Empowerment Act, 42 U.S.C. 1973ff-1(g)(2), the election official in
each jurisdiction charged with distributing a ballot and balloting
materials shall transmit a ballot and balloting materials to all
covered voters who submit a valid military-overseas ballot
application as required by Section 14-118 of Title 26 of the
Oklahoma Statutes.
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B. A covered voter who requests that a ballot and balloting
materials be sent to the voter by electronic transmission may choose
facsimile transmission or electronic mail delivery, or, if offered
by the voter's jurisdiction, Internet delivery. The election
official in each jurisdiction charged with distributing a ballot and
balloting materials shall transmit the ballot and balloting
materials to the voter using the means of transmission chosen by the
voter.
C. If a ballot application from a covered voter arrives after
the jurisdiction begins transmitting ballots and balloting materials
to voters, the official charged with distributing a ballot and
balloting materials shall transmit them to the voter not later than
two business days after the application arrives.
SECTION 6. AMENDATORY 26 O.S. 2021, Section 14-151, is
amended to read as follows:
Section 14-151. A. At least one hundred (100) days before a
regularly scheduled election and as soon as practicable before an
election not regularly scheduled, an official in each jurisdiction
charged with printing and distributing ballots and balloting
material shall prepare an election notice for that jurisdiction, to
be used in conjunction with a federal write-in absentee ballot. The
election notice must contain a list of all of the ballot measures
and federal, state, and local offices that as of that date the
official expects to be on the ballot on the date of the election.
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The notice also must contain specific instructions for how a voter
is to indicate on the federal write-in absentee ballot the voter's
choice for each office to be filled and for each ballot measure to
be contested.
B. A covered voter may request a copy of an election notice.
The official charged with preparing the election notice shall send
the notice to the voter by facsimile, electronic mail, or regular
mail, as the voter requests.
C. As soon as ballot styles are certified, and not later than
the date ballots are required to be transmitted to voters under
Section 14-106 of Title 26 of the Oklahoma Statutes, the official
charged with preparing the election notice under subsection A of
this section shall update the notice with the certified candidates
for each office and ballot measure questions and make the updated
notice publicly available.
D. A local election jurisdiction that maintains an Internet
website shall make the election notice prepared under subsection A
of this section and updated versions of the election notice
regularly available on the website.
SECTION 7. REPEALER 26 O.S. 2021, Section 14-118.1, is
hereby repealed.
SECTION 8. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate